Internet Banking Terms & Conditions

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Effective Date: 10/15/26

Last Update: 10/15/26

This Internet Banking Terms and Conditions Agreement (“Agreement”) states the terms and conditions that govern your use of Online Services.

PLEASE READ THIS AGREEMENT CAREFULLY AND IN ITS ENTIRETY. THIS AGREEMENT CONTAINS TERMS THAT AFFECT YOUR LEGAL RIGHTS INCLUDING, BUT NOT LIMITED TO, BINDING ARBITRATION, CLASS ACTION WAIVER, JURY TRIAL WAIVER AND LIMITATIONS ON OUR LIABILITY.

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ABOUT THIS AGREEMENT

1.        Other Agreements That Apply; Order of Precedence

The Online Services may also be governed by other separate agreement(s) you have with the Bank or any of its affiliates or subsidiaries including, but not limited to, the Account Terms, loan agreements, amendments, and other agreements or changes made to this Agreement. For certain services offered as part of Online Services, you may be required to agree to additional terms and conditions or additional agreements. In the event that any of these separate agreements or additional terms and conditions conflict with the provisions of this Agreement, the separate agreement or additional terms and conditions will prevail unless this Agreement specifically states otherwise.

2.        Acceptance of this Agreement

You will be asked to accept this Agreement, as well as the Account Terms and other related agreements and disclosures. By enrolling in, downloading, activating, or using Online Services, you will be deemed to have accepted this Agreement and you consent to receiving this Agreement and all related disclosures electronically as described in Section 11 of this Agreement ( “Important Information Regarding Electronic Communication”). When you accept this Agreement, you represent and warrant that you are an authorized user acting with full authority, and that you are duly authorized to accept this Agreement.

3.        Definitions

  • “Bank,” “we,” “our,” and “us” mean Cross River Bank and all its affiliates, subsidiaries, successors, and assigns.
  • “You” and “your” mean each owner of an Account and anyone else with access to the Account to perform the transactions or receive services covered by this Agreement. If there is more than one owner, then these words mean each owner of an Account separately and all owners of an Account jointly. ”You” and “your” also means (a) any additional entity or individual that has been granted access to Access Credentials by you or (b) an individual or entity who received access to Online Services through an additional agreement.
  • “Access Credential(s)” means the customer identification number, password, security code or other means of access to your Account that we establish or provide to you.
  • “Access Device” means any electronic device you may use to access Online Services including, but not limited to, a desktop computer, laptop computer, mobile device, or tablet.
  • “Account(s)” means any one of your qualifying accounts to which we may allow access through the Online Services provided under this Agreement.
  • “Account Terms” means the account agreements provided to you in conjunction with the opening of your Account.
  • “Branch” is the location that can provide you with assistance with your banking needs such as answering questions and resolving issues. Branch contact information may be found at https://www.crossriver.com/branch.
  • “Business Day” means Monday through Friday excluding holidays determined by Bank.
  • “eStatement” means an electronic bank statement and/or notice.
  • “External Account(s)” means a deposit account held at a domestic (United States) Financial Institution other than us.
  • “Financial Institution” A Financial Institution is a company engaged in the business of dealing with financial and monetary transactions, such as deposits, loans, investments and currency exchange and can include any person doing business in one or more of the following capacities: bank (except bank credit card systems); broker or dealer in securities; money service business; telegraph company; casino; card club; a person subject to supervision by any state or federal bank supervisory authority.
  • “Online Services” are the services provided through the internet utilizing an Access Device to access information about your Account(s), transfer money electronically and conduct certain other banking transactions.
  • “Service Provider(s)” means any agent, licensor, independent contractor, or subcontractor that we may involve in the provision of the Online Services.
  • “Transferee(s)” means the person, business, or other entity to whom your Online Services transfer is directed.

4.        Privacy

Please refer to our privacy notice, https://www.crossriver.com/privacy-notice, for information on how we use and disclose your information, as well as your choices.

5.        Cookies and Similar Technologies

We and our third-party service providers may use cookies, pixels, web beacons, and similar technologies to operate and provide the Online Services, remember your preferences, analyze Online Services usage, and, where permitted, deliver and measure advertising. Our use of these technologies, and the choices available to you, are described in our Privacy Policy (https://www.crossriver.com/legal/privacy-policy), which is incorporated into this Agreement by reference.  By using the Online Services, you acknowledge these practices.

You can manage your preferences / opt-out of online tracking technologies (e.g., cookies) at any time by accessing the Cookies Settings link set forth in our online Privacy Policy or through your browser’s settings (we will also honor Global Privacy Control signals as a request to opt out of the sale or sharing of personal information and targeted advertising where required by law).  Most browsers allow you to block or delete cookies through their settings.  Browser settings may not prevent all tracking technologies, such as pixels or device-identification tools.  

Please note that any opt out will apply only to the specific browser or device from which you have requested the opt out.  If you block cookies, some parts of the Online Services, including secure sign-in, may not function properly.

6.        Questions About This Agreement

If you have any questions regarding Online Services, our contact information is at the end of this Agreement.

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ACCESS TO ONLINE SERVICES

7.        Eligibility and System Requirements

The availability of select Online Services may be limited by your access method, Access Device, qualifying Account, elected/enrolled services, or additional agreements.

To access Online Services, you should:

  • Have a working Access Device
    • with the most current web browser version;
    • with the most current version of Apple iOS or Android OS (as may be applicable for mobile app access);
    • with the most current version of our mobile application and software and features that are suitable for connecting to the internet or for downloading our mobile applications or accessing our mobile website (computer, smartphone, tablet, etc.);
  • Have local, electronic storage capacity and/or printer to retain and/or print electronic documents;
  • Have internet services through an internet service provider;
  • Have an internet browser that will support AES 256-bit encryption;
  • Have a valid email address for the delivery of electronic notices and disclosures;
  • Have software that allows you to view files in a portable document format (“PDF”).

You are solely responsible for the maintenance, installations, and operation of your Access Device. Neither we nor our Service Providers shall be responsible for any delays, errors, deletions, or failures that occur as a result of any malfunction of your Access Device.

8.        Changes to and Interruption of the Online Services

On a regular basis, we may perform maintenance on our operating systems, which may cause an interruption in or change to the Online Services. We also may need to change the scope of the Online Services from time to time. We will attempt to provide prior notice of any such interruptions and changes but cannot guarantee that such prior notice will be provided. If you find that access to the Online Services is unexpectedly interrupted or unavailable, you should call us for assistance to obtain access. We will attempt to perform maintenance and upgrades to our operating systems that limit the use of the Online Services between 12:00 A.M. to 6:00 A.M. EST on Thursdays and Mondays.

9.        Cancelation, Modification or Removal of Online Services

We may modify or cancel any Online Services at any time without notice and at our discretion (unless required under other agreements). If we determine unusual or fraudulent activity, except as may be required by law, Online Services may be modified or canceled. You can use the Online Services seven days a week, 24 hours a day; however, some or all features may not be available occasionally due to emergencies, maintenance, or upgrades. In addition, access to the Online Services may be slower at times due to high internet traffic or other factors beyond our control.

We reserve the right to terminate Online Services if you do not log in for a period of one hundred eighty (180) consecutive calendar days.

The termination or cancellation of Online Services shall not affect your liability or obligations under this Agreement, nor does it close your Account or affect your ability to access your Account by other means, including by mail, telephone, or in person at a Branch.

10.  Fees

Fees applicable to Online Services may be disclosed within the applicable Online Service or by separate documentation including, in fee schedules or in product specific disclosures as provided to you in your account opening documentation or other agreements that apply to your Account(s) and use of the Online Services.

You are responsible for fees incurred from your internet service provider or  mobile phone provider in connection with your use of the Online Services.

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YOUR ACCOUNT INFORMATION AND COMMUNICATIONS

11.  Important Information Regarding Electronic Communication

You understand and agree that with your consent all your statements and notices for qualifying Accounts enrolled in Online Services will be provided to you in an electronic format. This is in place of paper statements and paper notices. Also, we may provide you initial and periodic account disclosure information related to the Accounts in electronic format.

If at any time you wish to change your email address or withdraw your consent and receive a paper copy of your Account statement, you may change your preference within the Online Services, if available, or by contacting the Branch. Your change will take effect once we have had a reasonable time to act on it. Once you withdraw your consent, we will send your statements and notices to the mailing address we have on file; please ensure to keep your contact information current. There is no fee to withdraw your consent, but a fee may be charged for paper copies depending on the Account type or the reason or frequency of your request; please review the current fee schedules for your Account(s) for the applicable fee, if any.

If you are unable to access your statements or to otherwise view any of your Account information through Online Services, you agree to immediately notify us. eStatements will be available for Accounts for 18 months. Electronic notices are available for 6 months.

12.  Balances

Our Online Services are a tool to assist in reviewing whether charges are posting correctly, but we cannot guarantee the accuracy of transactions that are pending, and we are not always able to show transactions until they are permanently paid from your Account(s). Additionally, Online Services are not a replacement for keeping your own register. Processing of transactions occurs at various times; therefore, you should not rely on balances displayed, instead we recommend you record your charges and payments as soon as you make them so you know how much you have available in your Account(s). For further information on calculating your Account balance, please see your Account Terms.

13.  Alerts

We may offer alerts within our Online Services that provide information about your Accounts via email, automated phone call, push notification, and/or text message on your Access Device. Alerts are subject to terms and conditions you must accept when registering for alert(s). By using our Online Services, you consent to receive the applicable alerts for which you have registered and which may also include alerts for which you are unable to set preferences. You may opt out of receiving alerts at any time by changing your preferences.

We may add or remove alert types at anytime and shall not be liable to you for any such additions or removals. If you change your contact information, you are responsible for updating your alerts accordingly. Alerts are not necessarily real time and may be delayed or prevented for a variety of reasons. We do not guarantee the validity or delivery of alerts. You agree that we are not liable for any delays, delivery failure or misdirected delivery of any alert. Additionally, You agree that we are not liable for any of your or any other person’s or entity’s actions or omissions in reliance on an alert. Alerts remain on the system for a limited time (some for only thirty (30) calendar days) and you will not be notified when they are removed.

Message and data rates charged by your wireless telecommunications provider may apply. Contact your mobile service provider for details on these charges. You understand that there are risks associated with using a wireless device for your banking needs, and that in the event of loss or theft, your confidential information could be compromised.

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SECURITY

14.  Protecting Your Access Credentials

If you willingly give Access Credentials to a third party, you agree that each such person or entity will be deemed to be acting on your behalf. We are not responsible for managing your third-party relationships. Any agreements between you and a third party are strictly between you and that third party. As permitted by law, we are not liable to you if the third party exceeds their scope of authority. Any transaction performed by the third-party to whom you willing gave your Access Credentials will be deemed to be a transaction authorized by you, whether or not you specifically intended that transaction, until you ask us to revoke that third party’s access and we have had a reasonable time to act. You agree not to give or make available Access Credentials to anyone you do not wish to access Online Services. If you believe that Access Credentials have been lost or stolen or that someone may attempt to use the Online Services without your consent or has transferred money without your permission, you must notify us as soon as possible.

Nothing in this section limits your rights under Section 23 of this Agreement ( “Error Resolution and Unauthorized Transactions”).

15.  Touch Authentication and Facial Recognition Authentication

If available through your Access Device, we will allow you the option to authenticate into Online Services using touch or facial recognition authentication in place of your login ID and password. To enroll in this feature, you must navigate to the settings menu in your Access Device and complete the enrollment process. The enrollment process will require you to accept the terms and conditions within the application. You will have the ability to disable this feature any time by navigating to the security preferences and disabling the feature within your Access Device.

Fingerprints are encrypted and stored on the mobile device only and are not made available to us or our mobile application provider. It is recommended that you do not allow any other individual’s fingerprints to be enrolled on the device while using this feature. If this is allowed, you understand that the individual(s), whose fingerprints are stored on the mobile device, may have the ability to access to sensitive data and account functionality. Enrollment for touch or face recognition authentication is limited to one Access Credential. You must be registered with touch or facial recognition authentication at the Access Device level to access this feature in the security preferences menu. We reserve the right to disable this feature for Online Services.

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MOVING MONEY THROUGH ONLINE SERVICES

16.  General

By directing us to transfer funds or initiate a payment through Online Services, you authorize us to withdraw from the designated Account the amount of funds required to complete the transaction. All requests and instructions received from you (or on your behalf) through Online Services with respect to transfers, payments, new Account services, changes and changes to existing Account information and any other communications shall be deemed to be legally endorsed by you.

Please refer to your Account Terms to determine transaction limits and cut off times that may relate to your Account(s) and corresponding services.

17.  Fund Transfers

If you originate a fund transfer and you identify by name and number a Financial Institution and beneficiary, we and every receiving or beneficiary Financial Institution, may rely on the identifying number to make payment. We may rely on the number even if it identifies a Financial Institution, person, or account other than the one named. You agree to be bound by the National Automated Clearinghouse Association rules (“NACHA Rules”). The NACHA Rules provide, among other things, that payments made to you, or originated by you, are provisional until final settlement is made through a Federal Reserve Bank. If we do not receive such payment, we are entitled to a refund from you in the amount credited to your account, and the party originating such payment will not be considered to have paid the amount credited. If we receive a payment order to credit an account by wire or ACH, we are not required to give you any notice of the payment order or credit.

Cut off times do apply to Fund Transfers which could impact their availability.

18.  External Transfers

External transfers may or may not be included with your Online Services and this may be limited by your access method, Access Device, qualifying Account, elected/enrolled services, or additional agreements.

As part of the enrollment process to conduct external transfers, you will need to request approval to add External Account(s). You agree that you will attempt to register only External Accounts that you have the authority to conduct transfer capabilities. Transfers to External Account(s) are subject to certain limitations. Any dollar limits imposed will apply to the total of all transfers to a specific External Account on any given day. Any transfer initiated on a non-Business Day will apply toward the total for the next Business Day. External transfers are processed as ACH transfers and may take up to 3 Business Days to process. We may change your transfer limits at any time. Any decrease will be subject to notice to the extent required by law.

If the external transfer feature is utilized to transfer funds between accounts with us, there will be a delay in funds availability as noted above.

19.   Modifications of Fund Transfers

You may modify transfers scheduled to occur at a future date. Any modification must be received before 9:00 p.m. Eastern Time on the day preceding the scheduled transfer date for the modification or cancellation to be effective. You cannot modify a transfer that has already occurred.

Funds transferred through Online Services may not be available for immediate use. The term ‘processing date’ is used by the Online Services permitting fund transfers. Unless otherwise disclosed or defined in a separate agreement and regardless of the process being used to transfer funds, processing date means the date the transaction will begin to be processed, not the date that funds will be available.

20.  Mobile Deposit

Mobile deposit may or may not be included with your Online Services depending on your access method, Access Device, qualifying Account, elected/enrolled services, or additional agreements.

If mobile deposit is available to you, you may use your Access Device to send us an image of a check for deposit to your Account. Before sending the image, you must endorse the back of the check and write “For Mobile Deposit at Cross River Bank Only” below your signature. Each image must accurately show all information on the front and back of the check as well as meet any required image quality standards.

You agree not to deposit any check that is:

  • made payable to anyone other than you; or
  • postdated, stale dated, incomplete, or altered; or
  • drawn on a Financial Institution located outside the United States; or
  • already deposited or presented for payment, whether with us or elsewhere; or
  • one that you know or suspect is fraudulent or otherwise unauthorized.

You agree to keep the original check in a secure place until the deposit is cleared and then to destroy it. You agree not to deposit or present the original check again, and not to allow anyone else to do so. If a check you deposit is paid or presented more than once, you agree to reimburse us for the resulting loss. If a check you deposit is returned unpaid, we may charge the amount back to your Account.

Our receipt of an image is not our acceptance of the deposit. We may reject any check, in whole or in part, at our discretion, and we are not required to notify you of the reason. Images sent to us are not deposited until we accept and process them. Funds from mobile deposits may not be available immediately.

Cut off times, funds availability, and deposit limits apply to mobile deposits. Please refer to your Account Terms for these details. We may change deposit limits at any time. Any decrease will be subject to notice to the extent required by law.

21.  Stop Payments

Only stop payment orders relating to checks are eligible to be requested through Online Services. To request stop payment orders for electronic payments, please contact the Branch. Stop payment orders entered through Online Services are subject to all applicable fees for stop payment orders described in the Account Terms. More information concerning your rights and duties with respect to stop payments is contained in the Account Terms.

A fee will be assessed for each stop payment order processed through Online Services in accordance with the current fee schedules, as may be applicable to your Account.

A stop payment on a paper check can be placed if the item has not been presented for payment. We are entitled to a reasonable period to act upon a stop payment request and may not have the ability to act on any stop payment request if a payment has been processed or presented.

Please refer to the Account Terms for more details regarding stop payments.

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ERRORS, UNAUTHORIZED TRANSACTIONS AND LIABILITY

22.  Error Resolution and Unauthorized Transactions

If you are a natural person and your Account is primarily used for personal, family or household purposes, the Electronic Fund Transfer Act and Regulation E govern your liability for unauthorized electronic fund transfers and your right to have errors investigated and corrected, as described in your Account Terms. Neither this section nor any other provision of this Agreement limits those rights.

If you notice an error on your statement in relation to your Online Services or an unauthorized electronic transaction, contact us immediately using the information in the Contact US section below; please refer to your Account Terms or your most recent statement to understand your rights and protections.

By using Online Services, you accept the risk that an item may be intercepted or misdirected during transmission. Except as otherwise provided by law or regulation, including the protections described above in this section, we bear no liability to you or others for disclosure of information through any such interception or misdirection. Please read and follow all instructions when processing an item through Online Services.

You agree to cooperate with us in the investigation of unusual transactions, poor quality transmissions, and resolution of claims, including by providing, upon request and without further cost, any originals or copies of items deposited through our Online Services and records relating to such items and transmissions.

23.  Liability for Failure to Make Transfers

You will be responsible for any transfer request you make that contains an error or is a duplicate of another. Neither we nor any of our Service Providers will be liable to you if you do not properly follow the applicable instructions. You are required to promptly notify us if you discover that you a payment or transfer was not executed according to your instructions.

If we do not complete a transfer to or from your Account on time or in the correct amount according to this Agreement or our other agreements with you (including, but not limited to, all rules and regulations governing your Account), we will be liable for all direct losses associated with the failure, not to exceed the amount of the transfer (the “Service Guarantee”).

Notwithstanding the foregoing, we will not be responsible for late fees or finance charges imposed by any Transferee in excess of the amount set forth in our Service Guarantee above. Additionally, we will not be liable for any losses, including but not limited to, the following:

  • if, through no fault of ours, you do not have enough money in your Account to complete the transfer, or
  • if the Account has been closed or is not in good standing; or
  • if applicable the transfer or payment would go over the credit limit of any Account; or
  • if you do not instruct us soon enough for your transferor payment to be received and credited by its due date; or
  • if you have not given us complete, correct, or current account numbers or other identifying information so that we can properly debit or credit the Account or otherwise complete the transaction; or
  • if your Account has been placed on a hold or freeze status due to legal order or other encumbrance restricting such amount; or
  • if circumstances beyond our control prevent the transfer or payment including, but not limited to, failure of electronic or mechanical equipment or communications lines, telephone or other connection problems, denial of service attacks, normal maintenance, unauthorized access, theft, operator errors, severe weather, earthquakes, fire, floods and strikes or other labor problems; or
  • if the Online Services are not working properly or if it is unavailable and you know or have been advised by us that the system is not working properly or will be unavailable; or
  • if there is a failure in any way on the part of another party or other Financial Institution to the transaction; or
  • if there is an allegation of fraudulent activity concerning the Account; or
  • if you have not provided complete instructions to process the payment or transfer; or
  • if the Transferee fails to credit your transfer properly after delivery of the transfer by us; or
  • if the Transferee is not located in the United States or if the transfer is intended to satisfy a tax or court-ordered obligation or other government obligation; and/or
  • if the Account Terms otherwise provide that the transfer or payment cannot be completed.

24.  ‍Disclaimer of Warranties

TO THE FULLEST EXTENT POSSIBLE UNDER ANY APPLICABLE LAW, RULE OR REGULATION AND EXCEPT AS OTHERWISE SPECIFICALLY SET FORTH IN THIS AGREEMENT, INCLUDING THE PROTECTIONS DESCRIBED IN SECTION TITLED “ERROR RESOLUTION AND UNAUTHORIZED TRANSACTIONS,”, WE ARE PROVIDING THE SERVICES “AS IS” AND WITHOUT REPRESENTATION OR WARRANTY, AND WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED, WRITTEN OR ORAL, FOR THE SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY, SUITABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON- INFRINGEMENT, SECURITY, ANY WARRANTY THAT AVAILABILITY OR OPERATION OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE, AND/OR ANY WARRANTY TO PROVIDE ADEQUATE TECHNICAL SUPPORT.

25.  Limitation of Liability

TO THE FULLEST EXTENT POSSIBLE UNDER ANY APPLICABLE LAW, RULE OR REGULATION, AND EXCEPT AS OTHERWISE SPECIFICALLY SET FORTH IN THIS AGREEMENT, INCLUDING THE PROTECTIONS DESCRIBED IN SECTION TITLED “ERROR RESOLUTION AND UNAUTHORIZED TRANSACTIONS”, NEITHER WE NOR OUR SERVICE PROVIDERS WILL BE LIABLE TO YOU FOR (A) ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, ARISING OUT OF THE ONLINE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF THOSE DAMAGES OR (B) FOR ANY LIABILITY EXCEEDING ONE HUNDRED DOLLARS ($100 USD), PROVIDED THAT THIS CLAUSE (B) DOES NOT APPLY TO LIABILITY UNDER THE SECTION TITLED "LIABILITY FOR FAILURE TO MAKE TRANSFERS” OR TO ANY LIABILITY THAT MAY NOT BE LIMITED UNDER APPLICABLE LAW.

26.  Indemnification

This section does not apply to any claim, damage, loss or expense arising from an electronic fund transfer to or from an Account, except to the extent permitted by Regulation E.

You agree that you are responsible for your conduct (as well as the conduct of any third party deemed to be acting on your behalf) while using the Online Services. Except as otherwise set forth in this agreement or prohibited by law, you agree to indemnify and hold harmless us, our officers, directors, employees, and Service Providers from and against any and all claims, damages, losses, liabilities, costs and expenses (including but not limited to attorneys’ fees and court costs) of any nature whatsoever incurred by us arising directly or indirectly from (i) any transactions or attempted transactions on your Account covered by this Agreement initiated by you or by a person deemed to be acting on your behalf, including a third party to whom you willingly provided Access Credentials, (ii) your breach of this Agreement; (iii) the processing of any stop payment request; (iv) any dispute between you and any third party in connection with the use of the Online Services; and (v) any and all actions, suits, proceedings, claims, demands, judgments, costs and expenses (including attorneys’ fees) incident to the foregoing. The terms of this paragraph will survive termination of this Agreement and the Online Services.

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DISPUTE RESOLUTION

27.  Law That Applies

Regardless of where you live or work, or where you access the Online Services, this Agreement is subject to the federal law of the United States of America, and to the extent such federal law is not applicable (and only to such extent), to the internal law of the state of New Jersey, excluding its conflict of laws rule. To the extent any part of this Agreement is not enforceable, it will not affect the rest of the Agreement, and it will be changed as necessary to comply with applicable law.

28.  Arbitration; Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY. IT CHANGES HOW DISPUTES BETWEEN YOU AND US ARE RESOLVED. IT DOES NOT APPLY IF YOU OPT OUT AS DESCRIBED BELOW.

Claims Covered. In this section, “Claim” means any claim, dispute or controversy between you and us arising out of or relating to this Agreement, the Online Services, your enrollment in or use of the Online Services, any transaction conducted through the Online Services, whether based in contract, tort, statute, regulation, common law or equity, and whether arising before, on or after the Effective Date of this Agreement.

Talk to Us First. If a dispute arises, you agree to first contact us using the information at the end of this Agreement. You and we each agree to try in good faith to resolve the Claim informally for the next sixty (60) calendar days.

Agreement to Arbitrate. If the Claim cannot be resolved informally, you and we agree that the Claim will be resolved by binding individual arbitration, and not in court, except as provided in the subsections titled, “Your Right to Opt Out” and “Severability and Fall-Back to Court,” and except that either of us may bring a Claim in small claims court if it qualifies and remains an individual action in that court. Nothing in this section prevents you from contacting any federal, state or other governmental agency, including the Consumer Financial Protection Bureau.

Your Right to Opt Out. IF YOU ARE A CONSUMER, YOU HAVE THE RIGHT TO REJECT THIS ARBITRATION SECTION. To opt out, you must notify us within thirty (30) calendar days after the date this section is first delivered to you, or, for a new customer, within thirty (30) calendar days after you first enroll in Online Services. To opt out, you must send us written notice of your decision to opt out that clearly states that you wish to cancel or opt out of the Arbitration Agreement section of these Terms of Service. It should include your name, address, the last four digits of your Account number and your signature and must be mailed to Cross River Bank, Attn: Legal Department, 2115 Linwood Avenue, Fort Lee, NJ 07024. This is the sole and only method by which you can opt out of this Arbitration Agreement. Your exercise of the right to opt-out will not affect any remaining terms of this Agreement and will not result in any adverse consequence to you, your Account or your Online Services. You agree that our business records will be final and conclusive evidence with respect to whether you cancelled or opted out of this Arbitration Agreement in a timely and proper fashion.

Class Action Waiver. Claims may be arbitrated only on an individual basis. You and  we agree not to bring or take part in any purported class, collective, consolidated, private attorney general or other representative proceeding. The arbitrator may award relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief on that party's individual claim. The arbitrator may not consolidate or join the claims of more than one person without the written consent of all affected parties, except as expressly provided in the next paragraph titled “Coordinated Claims”.

Coordinated Claims. If twenty-five (25) or more Claims are filed against us in arbitration that involve the same or substantially similar subject matter or issues of law or fact, and for which counsel for the claimants is the same or is coordinated across the cases, the Claims will be administered in batches of no more than fifty (50) Claims each, and each batch will be treated as one case for fee purposes. All applicable limitations periods, including any contractual limitations period, are tolled for Claims awaiting a later batch from the date the Claim was first submitted.

How Arbitration Works. The arbitration will be administered by the American Arbitration Association (“AAA”) under its consumer or commercial rules, as applicable. A single arbitrator will be appointed under the applicable rules. Unless you and we agree otherwise, any in-person hearing will take place in Bergen County, New Jersey. The arbitrator will apply the substantive law that a court would apply, will honor claims of privilege, may award any individual remedy a court could award on the same Claim, and will issue a written decision explaining the essential findings and conclusions. The arbitrator's award is final and binding, and may be entered as a judgment in any court of competent jurisdiction.

Costs and Fees. If you are a consumer and your Claim is for $10,000 or less, we will pay the AAA filing, administrative and arbitrator fees in excess of the amount you would have paid to file the same Claim in the state or federal court where you reside. In all other cases, fees will be allocated under the applicable AAA rules. Each party is otherwise responsible for its own attorneys' fees and expenses, unless the arbitrator awards them under applicable law.

Governing Law and Survival. This section is governed by the Federal Arbitration Act and survives termination of this Agreement and of Online Services.

Severability and Fall-Back to Court. If the class action waiver is held unenforceable as to a particular Claim or a particular request for relief, that Claim or request for relief will be severed from the arbitration and decided by a court of competent jurisdiction, and all remaining Claims and requests for relief will proceed in arbitration. Any severed Claim will be brought exclusively in the state or federal courts located in Bergen County, New Jersey. If any other part of this section is held invalid or unenforceable, that part will be severed and the remainder of this section enforced. IF THIS SECTION IS HELD NOT TO APPLY OR TO BE UNENFORCEABLE IN ITS ENTIRETY, OR IF YOU OPT OUT, THEN THE “WAIVER OF TRIAL BY JURY” SECTION APPLIES TO ANY CLAIM THAT PROCEEDS IN COURT.

29.  Waiver of Trial by Jury

This section applies if the Arbitration; Class Action Waiver section does not apply to a dispute, or if a dispute proceeds in court for any reason.

The parties hereby knowingly, voluntarily and intentionally waive any right they may have to a trial by jury with respect to any litigation brought based upon this Agreement, or arising out of, under, or in connection with this Agreement and any agreement contemplated to be executed in conjunction herewith, or any course of conduct, course of dealing, statements or actions of the parties. Such disputes may be tried before a judge only. This provision is a material inducement for the parties entering this Agreement. This waiver applies whether or not the Arbitration; Class Action Waiver section is enforceable, and survives termination of this Agreement and the Online Services.

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GENERAL TERMS

30.  Assignment

You may not assign this Agreement to any other party. We may assign this Agreement in our sole discretion. We may also assign or delegate certain rights and responsibilities under this Agreement to independent contractors or other third parties.

31.  No Waiver

We and our Service Providers shall not be deemed to have waived any of our rights or remedies hereunder unless such waiver is in writing and signed by us. No delay or omission in exercising any rights or remedies shall operate as a waiver of such rights or remedies or any other rights or remedies. A waiver on any one occasion shall not be construed as a bar or waiver of any rights or remedies on future occasions.

32.  Alterations and Amendments

This Agreement, as well as applicable fees and service charges, may be altered or amended from time-to-time. In such event, we will provide notice to you. Any use of the Online Services after we provide you a notice of change will be deemed to constitute your agreement to such change(s). Further, we may, from time to time, revise or update the applications, services, and/or related material, which may render all such prior versions obsolete. Consequently, we reserve the right to terminate this Agreement as to all such prior versions of the applications, services, and/or related material and limit access to only the Online Services most recent revisions and updates.

33.  Ownership & License

You agree that we retain all ownership and proprietary rights in our Online Services, documentation, associated content, technology, and website(s).

34.  Electronic Signatures

Your electronic consent or use of our Online Services has the same effect as if you had signed this Agreement with your physical signature.

You agree and consent that the use of any means to select an item, button, icon or similar act/action while using the Online Services, or in accessing or conducting any transactions regarding any agreement, acknowledgement, consent, terms, disclosures or conditions, will be deemed to constitute your signature, acceptance and agreement as if actually signed by you in writing. Your physical signature, electronic consent, or use of our Online Services is also your acknowledgement that you have received a copy of this Agreement. If you are offered or provided an electronic copy of this Agreement but would like to have a paper copy, please contact us and we will provide a paper copy to you.

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CONTACT US

If you have questions, please contact us via email at success@crossriver.com or phone at 1-877-55CRB55. You may send a written inquiry to Cross River Bank c/o Online Banking Department, 2115 Linwood Avenue, Fort Lee, NJ 07024.